Privacy Policy Planning Using The Worksheet

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1.0 Background
The easiest place to start in the planning process is with your web site forms. Although this is not all the data you collect, it is the means a user has in providing the site with information. This section will show the process you can use to determine your privacy statement using the form elements on your site. Coincidentally it is also a good way for the web site owner to determine if the data being collected is even required.

1.1 Example Form
Our example is for a web site located at http://www.MySite.com. The purpose of the form is to collect information so a monthly newsletter can be sent.

HTML Code
Line 1	<form name=newsletter action=http://www.MySite.com method=post>
Line 2	Name <input name=username>
Line 3	Email Address <input name=emailaddress>
Line 4	<input type=submit name=submit value=Submit>
Line 5	Provide us your email address to receive our monthly newsletter that includes valuable coupons to receive great savings on our products.

This is what the form looks like on the web page.

Name

Email Address

Provide us your email address to receive our monthly newsletter that includes valuable coupons to receive great savings on our products.

1.2 Form Workheet
The following is an example of a worksheet to analyze each form on the web site. Using the sample code in 1.1 the worksheet has been completed.

Site Form Worksheet

Form Purpose: Collect user contact information to send a monthly newsletter by email.

Yes No A. Form states specific purpose of data collection

Yes No B. Form references an opt-in/opt-out statement

Yes No C. Form identifies optional data

Yes No D. Form refers user to privacy policy

Yes No E. Purpose of data collection can result in the user being contacted

Yes No F. Form Data is posted to a third party site

Yes No G. Form posts information to a Chat Room, Solutions, or Message Board.

Yes No H. Form used by other organizations but is seamless using technology (e.g. frames/DOM-2/Java)

1Element Name	2Specifically how element is used	3Is data shared	4Data Element is Required to Perform Action	5PII	6User can edit/change information
username	Personalize email message sent to individual	No	No	Yes	No
emailaddress	Email Address to send newsletter to	No	Yes	Yes	No

Form specific notes:

B. This item is only required if there is an opt-in/opt-out available. If any of the purposes includes analysis that can be related to the individual user, or actions based on user history, or contact by any means, or the recipients include an organization other than the site collecting the information; then there should be a choice for the user to opt-in or opt-out of collection. If possible, the site should use opt-in vice opt-out because it gives the user more control of information.

C. The form should note optional and mandatory data. See Data Note 4 for a description of optional data.

D. The best way to notify users you have a privacy statement is to identify it at the point of collection.

E. The privacy statement or a statement related to the form must state when users should expect contact to occur and whether or not they have the option of not receiving this type of communication. If this contact information is shared with third parties you should tell the users they will receive communications from them.

F. If the form is posted to the same web site (vice another domain such as a third party credit card processor) then the data needs to be identified in the privacy policy. If the data is posted to a third party, then the privacy statement should provide information about who is getting the data.

G. This makes the information submitted public information and disclosure may increase their chance of receiving "spam" or unsolicited email. The site should warn users to be extra careful and to use their discretion when disclosing information online.

H. The page (at the point of data collection) must explicitly declare which organization is collecting the information.

Data specific notes:

3. Sharing information must be disclosed in the privacy policy.

4. Optional data is information that is not required for the action to be completed satisfactorily. That is, submitting a form with the data element empty will not result in an error and the action specified by the purpose of data collection will still be carried out satisfactorily. If the data is optional then it should indicate it is optional at the data collection point.

5. If Column 5 answer is "Yes" then the following applies:

Column 6 should indicate users can edit/change information.

If column 3 indicates data is shared then users should have an opt-in/opt-out available (Form Note B). Failure to provide opt-in/opt-out will affect cookies.

6. Users should have a mechanism to delete/deactivate/change personal information from the site's database by request or automatically using an account edit mechanism online. This statment should appear in the privacy policy. If the information collected is used to contact the individual then the mechanism should be provided when contact is made.

1.3 Worksheet Analysis
After the worksheet is completed, an analysis is performed to determine how to upgrade the privacy elements of the site through programming, and how to address the elements in the privacy policy.

1. Form item B. In reality, this particular example is really an opt-in statement in itself since the stated purpose implies it and the form is not tied to any other purposes or data. The web page form should have an unchecked checkbox showing the user accepts that the purpose is to contact the user. Wording should be something to the effect of, "I realize submitting this information will result in me recieving email from siteName."

2. Form item C. The page needs to be upgraded to show that the "Name" is an optional item. Frequently this is handled by using an asterisk for required items and putting a note at the end of the form that items with an asterisk are mandatory.

3. Form item D. There should be a graphic or text hyperlink to the privacy statement covering this particular form.

4. Form item E. The privacy policy should state when and what contact will occur. In addition, each contact should give the user the ability to opt-out of further contact (see Email Contact Guidelines).

5. Data item 4. Data element "username" is not required information to email a newsletter. The web site should evaluate whether to collect this data at all.

6. Data item 6. Since the data collected is PII, the user needs to be given the option to edit/delete/deactivate the information.

Definitions